EFFICIENCY REQUIREMENTS FOR NEW HOT-WATER BOILERS FIRED WITH LIQUID OR GASEOUS FUELS (IMPLEMENTING

(IMPLEMENTING MEASURES)

SUBSIDIARY LEGISLATION 427.17

EFFICIENCY REQUIREMENTS FOR NEW

HOT-WATER BOILERS FIRED WITH LIQUID

OR GASEOUS FUELS (IMPLEMENTING

MEASURES) REGULATIONS

11th August, 2007

LEGAL NOTICE 348 of 2007.

(1) The title of these regulations is the Efficiency

Requirements for New Hot-Water Boilers Fired with Liquid or

Gaseous Fuels (Implementing Measures) Regulations.

(2) These regulations shall be interpreted in terms of the

Framework for the Setting of Ecodesign Requirements for Energy-

Using Products Regulations, hereinafter referred to as "the

Ecodesign Regulations".

(3)

(a) These regulations implement the requirements of

Council Directive 92/42/EEC * of 21 May 1992 on

efficiency requirements for new hot-water boilers fired

with liquid or gaseous fuels as amended by

(i)

Directive 2004/8/EC on the promotion of

cogeneration based on a useful heat demand in

the internal energy market and amending

Directive 92/42/EEC and,

(ii) Directive 2005/32/EC of the European

Parliament and of the Council of 6th July 2005

Establishing a Framework for the Setting of

Ecodesign Requirements for Energy-Using

Products and amending Council Directive 92/42/

EEC and Directives 96/57/EC † and 2000/55/EC ‡

of the European Parliament and of the Council.

(b) Council Directive 92/42/EEC falls under the SAVE

programme concerning the promotion of energy

efficiency in the Community.

(4) These regulations constitute an implementing measure with

in the meaning of the principal regulations with regard to energy

efficiency during use of boilers.

(1) These

regulations

determine

the

efficiency

requirements applicable to new hot-water boilers fired by liquid or

gaseous fuels with a rated output of no less than 4 kW and no more

than 400 kW, hereinafter called "boilers".

*OJ No. L167, 22-06-1992, p. 17-28

†OJ No. L236, 18-09-1996, p. 36-43

‡OJ No. L279, 01-11-2000, p. 33-39

(IMPLEMENTING MEASURES)

(2) The following shall be excluded from the scope of these

regulations

(a) hot-water boilers capable of being fired by different

fuels including solid fuels,

(b) equipment for the instantaneous preparation of hot

water,

(c) boilers designed to be fired by fuels the properties of

which differ appreciably from the properties of the

liquid and gaseous fuels commonly marketed

(industrial waste gas, biogas, etc),

(d) cookers and appliances designed mainly to heat the

premises in which they are installed and, as a

subsidiary function, to supply hot water for central

heating and sanitary hot water,

(e) appliances with rated outputs of less than 6 kW using

gravity circulation and designed solely for the

production of stored sanitary hot water,

(f)

appliances with rated outputs of less than 6 kW using

gravity circulation and designed solely for the

production of stored sanitary hot water,

(g) boilers manufactured on a one-off basis,

(h) cogeneration units as defined in Directive 2004/8/EC

of the European Parliament and of the Council of 11

February 2004 on the promotion of cogeneration based

on useful heat demand in the internal energy market * .

For the purposes of these regulations, the definitions of the

Ecodesign Regulations as well as the following definitions shall

apply

"appliance" means the boiler body designed to have a burner

fitted, or the burner designed to be fitted to a boiler body;

"average temperature of the boiler water" means the average of

the water temperatures at the entry and exit of the boiler;

"back-boiler" means a boiler designed to supply a central-heating

system and to be installed in a fireplace recess as part of a back

boiler/gas fire combination;

"boiler" means the combined boiler body-burner unit, designed

to transmit to water the heat released from burning;

"boiler to be installed in the living space" means a boiler with an

effective rated output of less than 37 kW, designed to provide heat

to the part of the living space in which it is installed by means of

the emission of heat from the casing having an open expansion

chamber, supplying hot water using gravity circulation; such

boilers shall bear on their casings the explicit indication that they

*L.N. 52 of 1996 : Appliances Burning Gaseous Fuels, implementing Directive 90/

396/EEC (OJ No. L 196, 26.07.90, p. 15-29).

(IMPLEMENTING MEASURES)

must be installed in living space;

"effective rated output (expressed in kW)" means the maximum

calorific output laid down and guaranteed by the manufacturer as

being deliverable during continuous operation while complying

with the useful efficiency indicated by the manufacturer;

"gas condensing boiler" means a boiler designed to condense

permanently a large part of the water vapour contained in the

combustion gases;

"low-temperature boiler" means a boiler which can work

continuously with a water supply temperature of 35 to 40°C,

possib ly produ cin g co nden satio n i n c ertai n circ um st ances,

including condensing boilers using liquid fuel;

"part load (expressed in %)" means the ratio between the

effective output of a boiler operating intermittently or at an output

lower than the effective rated output and the same effective rated

output;

"standard boiler" means a boiler for which the average water

temperature can be restricted by design;

"useful efficiency (expressed in %)" means the ratio between the

heat output transmitted to the boiler water and the product of the

net calorific value at constant fuel pressure and the consumption

expressed as a quantity of fuel per unit time.

(1) With regard to placing on the market and putting into

service mentioned in the principal regulations the following shall

apply

(a) boilers shall satisfy the efficiency requirements set out

in Schedule I, section 1, and the conditions for entry

into service laid down on the basis of local climatic

conditions and the energy and the occupancy

characteristics of the buildings;

(b) however, where back-boilers and, or boilers that are to

be installed in the living space are widely installed at

the date of the adoption of the Efficiency

Requirements for New Hot-Water Boilers Fired with

Liquid or Gaseous Fuels Regulations, 2002 * , the Malta

Standards Authority shall authorise their entry into

service, provided that their efficiency both at rated

output and at 30% part load is not more than 4% below

the requirements laid down in Schedule I, section 1,

for standard boilers;

(c) in the case of boilers with a dual function, that of

heating premises and also providing sanitary hot

water, the efficiency requirements referred to in

Schedule I, section 1, concern the heating function

only;

(d) where

boilers

are

subject

to

other

regulations

*Legal Notice 62 of 2002, revoked by these regulations.

(IMPLEMENTING MEASURES)

concerning other aspects which also provide for the

affixing of the ‘CE’ marking, the latter shall indicate

that the boilers in question are also presumed to

conform to the provisions of those regulations.

(2) Where one or more of these regulations allow the

manufacturer, during a transitional period, to choose which

arrangements to apply, the CE marking shall indicate conformity to

the provisions only of those regulations applied by the

manufacturer. In this case, particulars of the regulations applied, as

published in the OJ, must be given in the documents, notices or

instructions required by the regulations and accompanying the

boilers.

(1) With regard to the conformity assessment procedures

mentioned in the Ecodesign regulations the conformity of series-

produced boilers shall be certified by

(a) the examination of the efficiency of a boiler type in

accordance with module B as described in Schedule II,

and

(b) a declaration of conformity to the approved type in

accordance with module C, D or E as described in

Schedule III.

For boilers burning gaseous fuels, the procedures for

assessing the conformity of their efficiency shall be those used to

assess conformity to the safety requirements laid down in Directive

90/396/EEC4 on the approximation of the laws of the Member

States relating to appliances burning gaseous fuels.

(2) Where appliances marketed separately are placed on the

market, they must bear the CE marking and be accompanied by the

declaration of conformity, which defines the parameters enabling

them after assembly to achieve the useful efficiency levels laid

down in Schedule I.

With regard to notified bodies mentioned in the Ecodesign

Regulations a notified body shall also fulfil the criteria listed in

Schedule IV.

(IMPLEMENTING MEASURES)

Schedule I

Based on Article 5 of directive 92/42/EC

THE EFFICIENCY REQUIREMENTS

1. Boilers must comply with the following useful efficiency requirements

at rated output, i.e. operating at rated output Pn expressed in kW, at an

average boiler-water temperature of 70°C , and

a part load, i.e. operating at 30% part load, at an average boiler-water

temperature which varies according to the type of the boiler.

The useful efficiency requirements to be complied with are set out in the

following table

Type of boiler

Range of

Efficiency at rated output

Efficiency at part load

power output

Average

Efficiency

Average

Efficiency

boiler-water

requirement

boiler-water

requirement

kw

temperature

expressed

temperature

expressed

(in ºC)

(in %)

(in ºC)

(in %)

≥ 84 + 2 logPn

≥ 50

≥ 80 + 3 logPn

Standard boilers

4 to 400

≥ 87.5 + 1.5

≥ 87.5 + 1.5

Low-temperature

4 to 400

boilers(*)

logPn

logPn

≥ 91 + 1 logPn

≥ 97 + 1 logPn

Gas condensing boilers

4 to 400

30(**)

Including condensing boilers using liquid fuels.

Temperature of boiler water-supply.

2. The harmonized standards relating to the requirements of these regulations

drawn up under mandate from the Commission in accordance with Directive 83/189/

EEC * and 88/182/EEC † shall determine, inter alia, the verification methods valid for

production and measurements.

Appropriate tolerances must be incorporated in the efficiency levels.

Schedule II

Based on Annex III of Directive 92/42/EC

EC-TYPE EXAMINATION

Module B: EC type-examination

1. This module describes that part of the procedure by which a notified body

ascertains and attests that an example, representative of the production envisaged,

meets the relevant provisions of these regulations.

2. The application for EC type-examination is lodged by the manufacturer or

his authorized representative with a notified body of his choice.

The application must include

the name and address of the manufacturer and, if the application is

lodged by the authorized representative, the name and address in

addition,

*OJ No. L 109, 26.04.83, P. 08-12.

†OJ No. L 81, 26.03.88, P. 75.

(IMPLEMENTING MEASURES)

-

a written declaration that the same application has not been lodged with

any other notified body,

-

the technical documents, as described in section 3 of this Module.

The applicant must place at the disposal of the notified body an example

representative of the production envisaged, hereinafter called ‘type’. The notified

body may request further examples if needed for carrying out the test programme.

3. The technical documents must enable the conformity of the appliance with

the requirements of these regulations to be assessed. They must, as far as is relevant

for such assessment, cover the design, manufacture and operation of the appliance

and contain as far as is relevant for assessment

-

a general type-description,

-

conceptual design and manufacturing drawings and diagrams of

components, sub-assemblies, circuits, etc.,

-

descriptions and explanations necessary for the understanding of the

drawings and diagrams and the operation of the product,

-

a list of the standards referred to in Schedule I, paragraph 2, applied in

full or in part, and descriptions of the solutions adopted to meet the

essential requirements of these regulations where the standards referred

to in Schedule I, have not been applied,

-

results of design calculations made, examinations carried out, etc.,

-

test reports.

4. The notified body must

4.1. examine the technical documents, verify that the type has been

manufactured in conformity with those documents and identify the elements which

have been designed in accordance with the relevant provisions of the standards

referred to in paragraph 2 of Schedule I, as well as the components which have been

designed without applying the relevant provisions of those standards;

4.2. perform or have performed the appropriate examinations and necessary tests

to check whether, where the standards referred to in paragraph 2 of Schedule I have

not been applied, the solutions adopted by the manufacturer meet the essential

requirements of these regulations;

4.3. perform or have performed the appropriate examinations and necessary tests

to check whether, where the manufacturer has chosen to apply the relevant

standards, these have actually been applied;

4.4. agree with the applicant the location where the examinations and necessary

tests are to be carried out.

5. Where the type meets the relevant provisions of these regulations, the

notified body issues an EC type-examination certificate to the applicant. The

certificate contains the name and address of the manufacturer, the conclusion of the

examination and necessary data for identification of the approved type.

A list of the relevant parts of the technical documents is annexed to the certificate

and a copy kept by the notified body.

If the manufacturer or his authorized representative is refused a type certificate,

the notified body must provide detailed reasons for such refusal.

Provision must be made for an appeals procedure.

(IMPLEMENTING MEASURES)

6. The applicant informs the notified body that holds the technical documents

concerning the EC type-examination certificate of all modifications to the approved

appliance which must receive additional approval where such changes may affect the

conformity with the essential requirements or the prescribed conditions for use of

the product. This additional approval is given in the form of an addition to the

original EC type-examination certificate.

Each notified body must communicate to the other notified bodies the

relevant information concerning the EC type-examination certificates and additions

issued and withdrawn.

The other notified bodies may receive copies of the EC type-examination

certificates and/or their additions. The Annexes to the certificates must be kept at the

disposal of the other notified bodies.

The manufacturer or his authorized representative must keep with the

technical documents copies of EC type-examination certificates and their additions

for a period of at least 10 years after the last date of manufacture of the product

concerned.

Where neither the manufacturer nor his authorized representative is established in

Malta, the obligation to keep the technical documents available is the responsibility

of the person who places the product on the market.

Schedule III

Based on Annex IV of Directive 92/42/EC

CONFORMITY TO TYPE AND QUALITY ASSURANCE

Module C: Conformity to type

1. This module describes that part of the procedure whereby the manufacturer

or his authorized representative ensures and declares that the appliances concerned

are in conformity with the type as described in the EC type-examination certificate

a nd s a t is f y t h e re qu ir e me nt s of th e s e r e g ul a t i on s th a t a pp ly to t h e m . T he

manufacturer or his authorized representative shall affix the CE marking to each

appliance and draw up a written declaration of conformity.

2. The manufacturer must take all measures necessary to ensure that the

manufacturing process assures the conformity of the manufactured appliances with

the type as described in the EC type-examination certificate and with the efficiency

requirements of the regulations.

3. The manufacturer or his authorized representative must keep a copy of the

declaration of conformity for a period of at least 10 years after the last date of

manufacture of the product concerned.

Where neither the manufacturer nor his authorized representative is established in

Malta, the obligation to keep the technical documents available is the responsibility

of the person who places the product on the market.

4. A notified body chosen by the manufacturer must perform or have

performed examinations of the product at random intervals. A suitable sample of the

finished products, taken on the spot by the notified body, is examined and

appropriate tests, defined in the applicable standard or standards referred to in

Schedule I, paragraph 2, or equivalent tests are carried out to check the conformity

(IMPLEMENTING MEASURES)

of the product with the requirements of the corresponding directive. In the event of

one or more samples of the products examined not conforming, the notified body

must take the appropriate measures.

Module D: Production quality assurance

1. This module describes the procedure whereby the manufacturer who

satisfies the obligations of section 2 of this Module, ensures and declares that the

appliances concerned are in conformity with the type as described in the EC type

examination certificate and satisfy the requirements of these regulations. The

manufacturer or his authorized representative shall affix the CE marking to each

appliance and draw up a written declaration of conformity. The CE marking is

accompanied by the identification number of the notified body responsible for the

checks referred to in section 4 of this Module.

2. The manufacturer must operate an approved quality system for production,

final appliance inspection and testing as specified in section 3 of this Module. He is

subject to the checks referred to in section 4 of this Module.

3. Quality system

3.1. The manufacturer lodges an application for assessment of his quality system

with a notified body of his choice, for the appliances concerned.

The application must include

-

all relevant information for the appliance category envisaged,

-

the documents concerning the quality system,

-

the technical documents pertaining to the approved type and a copy of

the EC type-examination certificate.

3.2. The quality system must ensure conformity of appliances with the type as

described in the EC type-examination certificate and with the requirements of these

regulations that apply to them.

All the elements, requirements and provisions adopted by the manufacturer must

be documented in a systematic and orderly manner in the form of written policies,

procedures and instructions. The quality system documents must permit a consistent

interpretation of the quality programmes, plans, manuals and quality records.

It must contain in particular an adequate description of

-

the quality objectives and the organizational structure, responsibilities

and powers of the management with regard to appliance quality,

-

the manufacturing, quality control and quality assurance techniques,

processes and systematic actions that will be used,

-

the examinations and tests that will be carried out before, during and

after manufacture, and the frequency with which they will be carried

out,

-

the quality records, such as inspection reports and test data, calibration

data, qualification reports of the personnel concerned, etc.,

-

the means of monitoring the achievement of the required appliance

quality and the effective operation of the quality system.

3.3. The notified body must assess the quality system to determine whether it

satisfies the requirements referred to in point 3.2 of this Module. It must presume

conformity with those requirements in respect of quality systems that implement the

(IMPLEMENTING MEASURES)

relevant harmonized standard. The auditing team must have at least one member

with experience of assessing the relevant product technology.

The assessment procedure includes an inspection visit to the manufacturer ’s

premises.

The decision is notified to the manufacturer. The notification must contain the

conclusions of the examination and the duly substantiated assessment decision.

3.4. The manufacturer must undertake to fulfil the obligations arising out of the

quality system as approved and maintain it at an adequate and efficient level.

The manufacturer or his authorized representative must keep the notified body

that has approved the quality system informed of any proposed change in the quality

system.

The notified body must assess the changes proposed and decide whether the

altered quality system will still satisfy the requirements referred to in point 3.2 of

this Module or whether reassessment is required.

It must notify the manufacturer of its decision. The notification must contain the

conclusions of the examination and the substantiated assessment decision.

4. Monitoring under the responsibility of the notified body

4.1. The purpose of monitoring is to make sure that the manufacturer duly fulfils

the obligations arising out of the approved quality system.

4.2. The manufacturer must allow the notified body access for inspection

purposes to the manufacturing, inspection, testing and storage premises and provide

it with all necessary information, in particular

-

the quality system documents,

-

the quality records, such as inspection reports and test data, calibration

data, qualification reports of the personnel concerned, etc..

4.3. The notified body must periodically carry out audits to make sure that the

manufacturer maintains and applies the quality system and provides an audit report

to the manufacturer.

4.4. Additionally the notified body may pay unannounced visits to the

manufacturer.

During such visits the notified body may carry out tests or have them carried out

to verify that the quality system is functioning correctly; if necessary, the notified

body must provide the manufacturer with a visit report and, if a test has taken place,

with a test report.

5. The manufacturer must, for a period of at least 10 years after the last date of

manufacture of the product, keep at the disposal of the national authorities

-

the document referred to in the second indent of point 3.1 of this

Module,

-

the updating referred to in the second paragraph of point 3.4 of this

Module,

-

the decisions and reports from the notified body which are referred to in

the final paragraph of point 3.4, and in point 4.3 and point 4.4 of this

Module.

6. Each notified body must give the other notified bodies the relevant

information concerning the quality system approvals issued and withdrawn.

(IMPLEMENTING MEASURES)

Module E: Product quality assurance

1. This module describes the procedure whereby the manufacturer who

satisfies the obligations of section 2 of this Module ensures and declares that the

boilers and appliances are in conformity with the type as described in the EC type

examination certificate.

The manufacturer or his authorized representative shall affix the CE marking to

each boiler and appliance and draw up a written declaration of conformity.

The CE marking must be accompanied by the identification number of the notified

body responsible for the checks referred to in section 4 of this Module.

2. The manufacturer must operate an approved quality system for final boiler

and appliance inspection and testing as specified in section 3 of this Module. He

must be subject to the checks referred to in section 4 of this Module.

3. Quality system

3.1. The manufacturer lodges an application with a notified body of this choice

for the assessment of the quality system for his boilers and appliances.

The application must include

-

all relevant information for the boiler or appliance category envisaged,

-

the quality system’s documentation,

-

the technical documents pertaining to the approved type and a copy of

the EC type-examination certificate.

3.2. Under the quality system, each boiler or appliance is examined and

appropriate tests as defined in the relevant standard(s) referred to in out in Schedule

I, or equivalent tests are carried out in order to verify its conformity with the

relevant requirements of these regulations. All the elements, requirements and

provisions adopted by the manufacturer must be documented in a systematic and

orderly manner in the form of written policies, procedures and instructions.

This quality system documentation must enable the quality programmes, plans,

manuals and records to be interpreted in a uniform manner.

It must in particular contain an adequate description of

-

the quality objectives and the organizational structure, responsibilities

and powers of the management with regard to product quality,

-

the examination and tests that will be carried out after manufacture, -

the means of monitoring the effective operation of the quality system,

-

quality records, such as inspection reports and test data, calibration

data, qualification reports of the personnel concerned, etc.

3.3. The notified body must assess the quality system to determine whether it

satisfies the requirements referred to in point 3.2 of this Module. It must presume

conformity with these requirements in respect of quality systems that implement the

relevant harmonized standard.

The auditing team must have at least one member with experience of assessing the

relevant product technology. The assessment procedure must include an inspection

visit to the manufacturer’s premises.

The manufacturer must be notified of the decision. The notification must contain

the conclusions of the examination and the substantiated assessment decision.

(IMPLEMENTING MEASURES)

3.4. The manufacturer must undertake to fulfil the obligations arising out of the

quality system as approved and maintain it at an adequate and efficient level.

The manufacturer or his authorized representative must keep the notified body

which has approved the quality system informed of any proposed change in the

quality system.

The notified body must assess the changes proposed and decide whether the

altered quality system will still satisfy the requirements referred to in section 3.2 of

this Schedule or whether a reassessment is required.

It must notify the manufacturer of its decision. The notification must contain the

conclusions of the examination and the substantiated assessment decision.

4. Monitoring under the responsibility of the notified body

4.1. The purpose of monitoring is to make sure that the manufacturer duly fulfils

the obligations arising out of the approved quality system.

4.2. The manufacturer must allow the notified body access for inspection

purposes to the inspection, testing and storage premises and provide it with all

necessary information, in particular

-

the quality system documentation,

-

the technical documents,

-

the quality records, such as inspection reports and test data, calibration

data, qualification reports of the personnel concerned, etc.

4.3. The notified body must periodically carry out audits to ensure that the

manufacturer maintains and applies the quality system and must provide an audit

report to the manufacturer.

4.4. Additionally, the notified body may pay unannounced visits to the

manufacturer.

During such visits the notified body may carry out tests or have them carried out

to verify that the quality system is functioning correctly; if necessary, the notified

body must provide the manufacturer with a visit report and, if a test has been carried

out, with a test report.

5. The manufacturer must, for a period of at least 10 years after the last date of

manufacture of the boiler or appliance, keep at the disposal of the national

authorities

-

the documents referred to in the third indent of point 3.1 of this Module,

-

the changes referred to in the second paragraph of point 3.4 of this

Module,

-

the decisions and reports from the notified body which are referred to in

the final paragraph of point 3.4, and in point 4.3 and point 4.4 of this

Module.

6. Each notified body must forward to the other notified bodies the relevant

information concerning the quality system approvals issued and withdrawn.

(IMPLEMENTING MEASURES)

Schedule IV

Based on Annex V of Directive 92/42/EC

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT FOR THE

NOTIFICATION OF BODIES

1. The body, its director and the staff responsible for carrying out the

verification tests may not be the designer, manufacturer, supplier or installer of

appliances which they inspect, nor the authorized representative of any of those

parties. They may not become either involved directly or as authorized

representatives in the design, construction, marketing or maintenance of such boilers

and appliances. This does not preclude the possibility of exchanges of technical

information between the manufacturer and the body.

2. The body and its staff must carry out the verification tests with the highest

degree of professional integrity and technical competence and must be free from all

pressures and inducements, particularly financial, which might influence their

judgment of the results of the inspection, especially from persons or groups of

persons with an interest in the result of verifications.

3. The body must have at its disposal the necessary staff and possess the

necessary facilities to enable it to perform properly the administrative and technical

tasks connected with verification; it must also have access to the equipment required

for special verification.

4. The staff responsible for inspection must have

-

sound technical and professional training,

-

satisfactory knowledge of the requirements of the tests they carry out

and adequate experience of such tests,

-

the ability to draw up the certificates, records and reports required to

authenticate the performance of the tests.

5. The impartiality of inspection staff must be guaranteed. Their remuneration

must not depend on the number of tests carried out or on the results of such tests.

6. The body must take out liability insurance unless its liability is assumed by

the State in accordance with national law, or the Member State itself is directly

responsible for the tests.

7. The staff of the body must be bound to observe professional secrecy (except

vis-à-vis the competent administrative authorities of the State in which its activities

are carried out) under these regulations or any provision of national law giving effect

to it.